Health & Life Insurance & ERISA Litigation

Representing health and life insurers and managed care organizations has been a critical focus of Irving, Carlson & Xavier’s litigation practice for many years. We regularly appear in state and federal courts, arbitrations, mediations and before various administrative tribunals in a wide variety of commercial disputes with providers, policyholders, subscribers, groups and producers.

Our health insurance and managed care organization clients seek our advice and representation in matters involving the credentialing and non-credentialing of providers and producers; the termination and non-renewal of providers from managed care networks; the termination of producer agreements; contract and coverage disputes; reimbursement disputes, including for out-of network services; group integrity issues, including bogus employers and unions; reporting to state regulators and federal data banks; the defense of claims for defamation; subrogation; ERISA and ERISA preemption; and claims alleging violations of state and federal laws prohibiting unfair business practices and related matters. We also consult and work with our clients’ fraud and legal departments on matters involving fraudulent and abusive billing practices.

Our life insurance clients regularly consult with us in the defense of significant claims, including foreign death claims; fraudulent claims; claims for rescission; beneficiary disputes; suicide; policy lapse and related matters. Our experienced attorneys work with clients on pre-claim investigations, guiding them through New York’s law on when and under what circumstances life insurance claims may be contested.